Terms of Service

TERMS OF SERVICE

The last update of this Terms of Service is 13 January, 2022.

WE ADVISE TO READ THESE TERMS OF SERVICE CAREFULLY AS THEY ARE LEGALLY BINDUNG.

Welcome to the mobilespy.at.com website (hereinafter - the “Site”, “Website”).

The contents on this website are provided by Care and Education Technologies GmbH, Stolberggasse 44/17B, 1050 vienna, hereinafter referred to as “We,” “Us,” “Our”, “mobilespy.at”.

By using the Website and/or mobilespy.at Services, you agree to be bound by the following Terms of Service.

Integral parts of this Terms of Service are Privacy Policy, End User License Agreement, Refund Policy, Compatibility Policy, Cookie Policy.

These Terms of Service (hereinafter - the “ToS”) describe the terms and conditions applicable to your access and use of the Site, the mobilespy.at platform (hereinafter - the “platform”) and services, that are provided by mobilespy.at (hereinafter collectively “mobilespy.at Services”) made available through or in connection with the Site (hereinafter - the “Service”). These ToS set forth the terms and conditions under which mobilespy.at provides you access to the Site and the mobilespy.at Services.

YOUR USE OF THE SITE AND/OR THE MOBILESPY.AT SERVICES SIGNIFIES THAT YOU AGREE TO THESE TOS AND CONSTITUTES YOUR BINDING ACCEPTANCE OF THESE TOS, INCLUDING ANY MODIFICATIONS THAT WE MAKE FROM TIME TO TIME. WE WILL INFORM YOU ABOUT ANY MODIFICATIONS THAT OCCUR IN THE ESSENTIAL PARTS OF THE TOS AND ASK IMPLIED CONSENT. THIS MEANS THAT IF YOU CONTINUE TO USE THE PLATFORM AND SERVICE, YOU AGREE WITH THESE MODIFICATIONS.

  1. DEFINITIONS
    1. mobilespy.at platform - a mobile application and/or a computer program, description and features of which are provided on the Site. mobilespy.at platform consists of a local web-client and android client part. An access to the local web-client part is executed through web interface on the Site. The client part is provided as .apk file, which is installed on a controlled device with an Android OS.
    2. Subscription - reoccurring payments for use of the Platform.
    3. Controlled device – smartphone, tablet, mobile phone or any other android device, on which the client part of the platform is installed
    4. Payment information – User’s full name, e-mail, credit card or PayPal data, and other information, which may be necessary for payment for mobilespy.at Services.
    5. Payment service provider – a financial institution, which processes payments for mobilespy.at Services, with whom mobilespy.at has an active payment processing agreement.
    6. Subscription month – A period consisting of 28 days.
  2. GENERAL PROVISIONS.
    1. The mobilespy.at platform shall be used only in the following cases:
      (i) - with the goal of parental control;
      (ii) – by users on devices they own.
    2. The main aim of our software development and providing of services is ensuring the security, life and health of children and ward and security of property.
    3. To purchase and use the mobilespy.at platform, you have to create an account on the Site by providing personal information such as your email address, Billing Information, and a Payment Method.
    4. After paying for your mobilespy.at subscription, you will receive a link to the Dashboard where you can download the client .apk .You have to click the download link on the device you want to control and download an .apk file on the controlled device, install it and provide all permissions of your choice to the installed application, those given permissions will activate different features of the mobilespy.at platform.
    5. By providing your payment information while purchasing the Software you are aware that mobilespy.at does not collect this information, it is the Payment Provider that receives payment details.
    6. You will not use the Site or mobilespy.at Service in violation of any laws you are subject to. The use of mobilespy.at happens under your full discretion, we are not responsible for your use of the mobilespy.at platform and it’s your sole responsibility.
    7. You understand that you require physical access to the device to install the mobilespy.at android client to.
    8. Before contacting the support-team, you will diligently follow all instructions and the interactive guide provided on the Dashboard.
    9. You shall not grant any other third-party access to your account-information. In case access to your account has been granted to a third party deliberately or by mistake, mobilespy.at takes no responsibility.
    10. You will only install the android client part on devices which you own.
    11. We reserve the right to modify, terminate, or refuse all mobilespy.at services to anyone for any reason and without notice at any time.
    12. We reserve the right to alter these ToS at any time.

 

  1. SUBSCRIPTION
    1. In order to start your subscription, you have to place an order on mobilespy.at.
    2. There are several different subscription-plans offered on our site. The price depends on the number of features, licenses and duration of the chosen subscription.
    3. You can buy multiple subscriptions with the same account.
    4. One active subscription is necessary for each controlled device, unless you have bought a subscription-plan that clearly states so otherwise.
    5. During the order process you have to provide your billing information and chose your method of payment.
    6. Following the purchase of the Software, a confirmation message is sent to you via E-Mail and you can immediately access your Account/Dashboard with your chosen password.
    7. We strongly advise you to memorize your password or save it in a secure place, as it is used to securely derive a password to encrypt all your information. In case you lose it, it can never be restored and you only have access to your subscription(s).
    8. If you lose your password, you will not able to reset a password or recover access to your Data. Access to your subscription(s) will remain, but we will not able to help you to restore your data, because we don’t store and remember the derived key from your password that is used for encryption and decryption of your data.
    9. The Subscription Plans have a duration of 1, 3 or 6 months.
    10. To avoid any unwanted disruption of service, your subscription will be automatically extended for the duration of your original choice.
    11. Subscriptions can be altered and cancelled at any time.
    12. Subscriptions will automatically renew unless auto-renewal is turned off at least 24-hours before the end of the current subscription plan. We can charge you for the future payment subscription, if you didn’t turn off automatic renewal, even if the platform was temporarily unavailable due to technical reasons. There is a button in the Dashboard that allows to cancel the renewal of subscriptions with a single click.
    13. You understand and confirm that you might not receive a refund if you forget to cancel your subscription before the start of a new period. To cancel, you only have to click “cancel” in the subscription settings on your Dashboard.
    14. You may never use another user’s account without their explicit permission.
    15. You are solely responsible for all activity connected to your account and you have to keep your password secure at all times.
    16. You may not share or transfer your account. You may not disclose your password to anyone else.
    17. You must notify us immediately in case you suspect that your account has been compromised.
    18. We will not be liable for any losses caused by any unauthorized use of your account.
    19. You may interact with the mobilespy.at Services through your Dashboard changing all settings available to you.
    20. You agree not to register your account using a false identity or on behalf of someone other than yourself.
    21. You agree not to register a new account or use the mobilespy.at platform if it has previously been removed by us, or if you have previously been banned from the mobilespy.at platform.
    22. You have the right remove the account of yours at any time. You may remove any account registered to your name by sending an email to support[at]mobilespy.at with the Subject “Account Removal”.
    23. Accounts deleted by yourself or us for any type of abuse, including without limitation a violation of these ToS, will not be reactivated for any reason. Upon any termination or suspension of the mobilespy.at Services, the monitoring of all devices on which the android client part is installed ceases to work. Any information you have submitted on the platform or that is related to your account may no longer be accessed by you.
    24. Due to the secure nature of the system, it is unavoidable, that in case you forget the password to your Account, you will permanently lose access to your data.
  2. SUPPORT SERVICES
    1. We do our best to support our users. You can get in touch with us regarding any matters to mobilespy.at via Live Chat or e-mail. Our support via Live Chat and e-mail are a free service.
    2. We provide our Support Services in English.
  3. BILLING PROCEDURE
    1. All accounts are billed on a prepaid basis. Only after receiving the payment any service is provided by us.
    2. Your subscription is not based on how much you use the Software but is based on the availability of the mobilespy.at platform.
    3. You are responsible for keeping all credit/debit card details and contact information current while using the mobilespy.at Services.
    4. Periodically you should check your account-details on the Dashboard to make sure that all information is current.
    5. Auto Renewal is enabled by default. After the initial payment for the subscription, you will receive a payment notification from us. All your receipts are available by request. All costs associated with legal use of the mobilespy.at platform are included in subscription price.
    6. Methods of payment. We accept payments via all major debit/credit cards or PayPal. Payment by any other means, such as check or wire transfer, requires upfront communication with us and might not be possible in all scenarios, depending on country of residence. To make a payment, you have to specify your Payment Information (card number, CVV code, expiry date) and choose the payment gateway of your choice.
  4. BILLING CYCLE
    1. Recurring Billing Procedure. We will be charging you at the beginning of your respective billing period (the “payment date”). For your personal convenience, we will automatically charge your credit card or paypal account for according to the subscription plan bought by you, but either after 1-, 3- or 6 months.
    2. If your card on file is declined for any reason, we will attempt to re-run the charge for the card specified by you up to (3) more times within the following thirty (30) days. If we will not be able to charge funds from your card within the time period mentioned above, your account will be deleted.
  5. SOFTWARE APPLICATION
    1. The Software may only be used in connection with the Service End User License Agreement, and rules, restrictions or documentation set forth by us from time to time.
    2. You understand that we may, at any time and for any reason, suspend or terminate any license and disable the functionality of the platform. In this case, the information you may have already accessed will become unavailable without prior notice.
    3. We reserve the right to add or remove features of the platform or android client part at any time for any reason.
    4. In case you have any technical question, please contact customer service at [email protected]
  6. ACCEPTANCE
    1. By using our platform, you confirm that you have read and consent to these Terms of Service as well as the End User License Agreement, Privacy Policy, Refund Policy and Cookie Policy.
    2. We may revise the Terms of Service, End User License Agreement, Privacy Policy, Refund Policy, Cookie Policy, and Compatibility Policy at any time and without notice and the new versions will be available on the site.
    3. If you do not agree to any portion of those Terms of Service, End User License Agreement, Privacy Policy, Refund Policy and Cookie Policy you should immediately cease using the platform, site and android client part.
  7. SECURITY
    1. The security and protection of your personal information is of highest importance to us.
    2. You acknowledge that, while placing an order for a subscription on mobilespy.at, you willingly provide your personal information to mobilespy.at and the payment provider of your choice.
    3. Please, kindly read our Privacy Policy for more details about our guidelines of personal data processing and its encrypted temporary storing on your behalf.
    4. You agree that you are personally responsible to retain access to the password that you have chosen during account-creation, as the key derived by it is not stored on our servers and needed for decryption of your data.
    5. We are not able to store data from a controlled device with the android part is installed if (i) the data is older than 2 months; (ii) your subscription has expired.
    6. Upon the expiry of your subscription, all logs and data exported from a controlled device with the use of the android client part will be deleted within a maximum of 1 (one) month or sooner.
    7. We do not control, monitor and/or are not aware of how the user exploits our platform and android client part due to the privacy of our users and only temporarily provide storage to store their own encrypted data on their behalf. We half no way of decrypting this data. We may not be held responsible for the inappropriate use of thereof. It is at the user’s risk and responsibility.
    8. You acknowledge that we don’t encourage our users to exploit the mobilespy.at platform illegally.
  8. REQUIREMENTS TO A USER
    1. When placing an order for a subscription, you acknowledge and agree that you are at least 18 years of age or older.
    2. When you are installing the android client part on a controlled device, you acknowledge and agree that you are a parent to your minor child or guardian of a ward; (ii) you are an owner of this device.
  9. COMPATIBILITY OF CONTROLLED DEVICE
    1. In case you have failed to check the compatibility of your phone before acquiring the subscription, you agree that it is your responsibility and you might not be refunded.
  10. SOFTWARE UPDATES
    1. In an effort to improve the mobilespy.at platform, we may update the platform and android client part.
    2. You acknowledge and agree that we may update the platform or android client part with or without notifying you.
    3. You acknowledge and agree that we may request you via email or the Dashboard to update the android client part on a controlled device.
  11. REFUNDS AND RETURNS.
    1. We might accept refunds in case you are not satisfied with the platform for any reason. This does not mean that refunds may be offered in every case. Your eligibility for a refund depends on a multitude of factors like purchased subscription plan, time passed of the subscription period, used payment gateway, etc. More details are available in our Refund Policy.
  12. INTELLECTUAL PROPERTY
    1. Trademarks. mobilespy.at’s logo is a trademark/service mark that is used by mobilespy.at.
    2. Unauthorized use of mobilespy.at’s trademark, service mark or logo is a violation of the applicable trademark laws and prevalent international intellectual property laws.
    3. Copyright. The Site, Service, and Software are protected by the applicable law and international copyright laws.
    4. All intellectual property in regards to the design, layout of this web site and the material or information published is owned by mobilespy.at or it’s licensors.
    5. You may not use or reproduce any part of this web site or the materials contained within it in any manner without first obtaining the prior written permission of mobilespy.at.
  13. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY LAW
    1. THE SITE AND THE MOBILESPY.AT SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. MOBILESPY.AT MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SITE OR THE SERVICE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE AND/OR THE SERVICE IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AND/OR SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
    2. Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
  14. LIMITATION OF LIABILITY. SOLE AND EXCLUSIVE REMEDY
    1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOBILESPY.AT, ITS AFFILIATES, LICENSORS, AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, THE SOFTWARE AND/OR SERVICE, EVEN IF WE AND/ OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    2. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF MOBILESPY.AT OR ANY OF THE RELATED PARTIES EXCEED THE GREATER OF 79€ OR THE AMOUNT THAT YOU PAID TO US OR OUR DESIGNEES DURING THE SIX (6) MONTHS PRIOR TO THE TIME THE CAUSE OF ACTION GIVING RISE TO LIABILITY AROSE.
    3. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of mobilespy.at and its affiliates shall be limited to the fullest extent permitted by law.
    4. MOBILESPY.AT IS NOT RESPONSIBLE FOR USING THE SOFTWARE AND/OR SITE BY USERS UNLAWFULLY AND WITH UNLAWFUL AIMS. THE SOFTWARE AND/OR SERVICES ARE PROVIDED AND DEVELOPED WITH SECURITY AIMS ONLY AND CANNOT BE USED WITH VIOLATION OF RIGHTS, FREEDOMS AND INTERESTS OF THIRD PARTIES. MOBILESPY.AT DOESN’T KNOW AND CANNOT KNOW HOW USERS USE THE SOFTWARE AND/OR SERVICES. IF YOU BECOME AWARE THAT THE SOFTWARE AND/OR SERVICES ARE USED OR WERE USED UNLAWFULLY, YOU CAN NOTIFY US AND WE WILL ADOPT THE BEST EFFORTS TO STOP THE UNLAWFULLY SOFTWARE AND/OR SERVICES USING.
  15. INDEMNIFICATION
    1. You agree to indemnify, defend, and hold mobilespy.at and the related parties harmless from any and all claims, demands, damages, or other losses, including reasonable attorneys’ fees, resulting or arising from your use of the Site, the Software and/or the Service or any breach by you of these ToS or any other policies that we may issue for the Site, the Software and/or Service from time to time.
  16. ASSIGNMENT
    1. We may assign these ToS, in whole or in part, to any person or entity at any time with or without your consent.
    2. You may not assign the ToS without our prior written consent, and any unauthorized assignment by you shall be null and void.
  17. MISCELLANEOUS
    1. If any part of these ToS is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the ToS shall be given full force and effect.
    2. Failure or delay by mobilespy.at to enforce compliance with the ToS does not constitute a waiver of these ToS.
    3. The express waiver by mobilespy.at of any provision, condition, or requirement of these ToS shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
    4. All notices given by you or required under this ToS shall be written and addressed to:
      1) support[at]mobilespy.at - for any technical requests.
      2) support[at]mobilespy.at - for any legal requests.
    5. All Policies and other documents, which are placed on the Site, are integral parts of this Terms of Service.
    6. The Service may be terminated upon the expiration of the subscription.
    7. We reserve the right to deny service to any user at our sole and absolute discretion.
    8. The mobilespy.at Services is offered with the understanding that we may terminate any subscription and/or your access to the mobilespy.at Services at any time, for any appropriate reason, including without limitation for any violation of these ToS.
    9. We may stop offering and/or supporting the mobilespy.at Services at any time.
    10. We reserve the right to deny service to, or if applicable, terminate the service of any user, including without limitation a user that attempts to monitor the device of an individual, who has not provided their consent. In this case, we reserve the right to block all accounts associated with such potential violating user.
    11. These ToS describe certain legal rights. You may have other rights under the laws of your state or country. These ToS do not change your rights under the laws of your state or country.
    12. This ToS is regulated by the laws of Austria. Any disputes should be resolved by the appropriate courts of Austria.
    13. In case the laws of your state or country do not permit you to use the Software application completely or only some of its features, hereof you acknowledge and agree that it is upon your responsibility.
    14. The original, legally binding version of this document is written in English, and it is translated into other languages for the courtesy of our non-English-speaking users. If there are any discrepancies between the English version and a translated version, the English version supersedes the translated version.
    15. For more information, please contact us by email support[at]mobilespy.at.

 

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